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Have you ever heard someone say that a particular term in a contract is so outrageous, unfair, one sided, or ridiculous that it cannot possibly be enforceable? If you are signing a contract as a consumer, that may very well be true as there are several laws out there for the express purpose of protecting the consumer.  However, if you are signing the contract as a business, for the most part the courts presume that you are a “big boy,” know what you’re signing (even if you don’t or in fact …

Human resources professionals and business owners have long debated about giving references on former employees when it comes to construction law. It’s both tempting and scary to share what you know about a less‑than‑desirable former employee. You also may be eager to sing the praises of an exemplary ex‑employee you want to see do well in a future position. Before you decide whether to give in to temptation or play it safe, it’s good to know the pros and cons of giving references and sharing su …

That nasty letter from the customer – we’ve all gotten complaints on the job site. The complaint? You’re behind schedule, your work isn’t being performed properly. Your materials are late, you’ve delivered the wrong materials, or maybe you’ve not delivered enough materials. Your truck didn’t show up, or any number of issues. Maybe the letter comes in the form of a 48-hour notice, or maybe just a general complaint, or maybe you got verbal approval on a c …

Understanding Texas Construction Law: Pay if Pay Contract Provisions in Texas. Are they Enforceable? While doing a mini lien and bond presentation last week at NAWIC Fort Worth (a great group of ladies and a great organization) I was asked whether pay-if-pay provisions are illegal in Texas. in Texas construction lawThe question sparked some lively conversation so, for those that may have that same question, here’s a bit of background and the answer: A pay-if-pay provision is a contract term wh …

Should Your Company Have a Social Media Policy? The world of today is lived largely on social media. Millennials, Gen Z, Gen Alpha, and some who are just very social and want an easy way to stay in touch with others can be found frequently posting their thoughts and experiences on social media. Companies that would never have considered social media as a platform for reaching potential customers five years ago now have Facebook pages, Twitter accounts, YouTube channels, and posts anywhere else …